The former Attorney General of Kano State and Commissioner of Justice, M.A. Lawan, has clarified the recent judgment of the Court of Appeal delivered on Friday.
In a statement, Mr. Lawan said the judgment was misunderstood by the Kano State Government, emphasizing that the Court of Appeal delivered two separate judgments: one overturning the ruling of the Federal High Court on jurisdiction, and the other overturning the judgment of the Kano High Court.
Read the statement below:
“My attention has been drawn to the statement issued by the Kano State Government on the judgment of the Court of Appeal with regard to the Kano State Emirate tussle, and I wish to respond as follows:
Contrary to the opinion of the Kano State Government, the Court of Appeal never validated the disputed Emirate Council Law of 2024, nor did it validate the current government’s actions regarding chieftaincy appointments and reforms in the state’s traditional institutions.
Furthermore, the Court of Appeal neither validated nor legalized the disputed actions of the Executive Governor of Kano State pursuant to the contested Emirate Council Law of 2024.
Independent and unbiased minds will appreciate that the judgments of the Court of Appeal are twofold. One overturned the ruling of the Federal High Court on jurisdiction, while the other overturned the entire judgment of the Kano State High Court.
The judgment of the Court of Appeal concerning the Federal High Court ruling simply held that the Federal High Court has no jurisdiction over chieftaincy matters. This judgment does not support any of the postulations of the Kano State Government.
It should further be noted that the judgment of the Court of Appeal nullifying the ruling of the Federal High Court in suit no. FHC/KN/CS/182/2024 by Justice Liman, on the lack of jurisdiction, has no bearing on the judgment of Justice Amobeda of the Federal High Court in suit no. FHC/KN/CS/190/2024. The suit before Justice Liman was filed by a Kingmaker, Alhaji Aminu Babba Dan Agundi.
On the other hand, when the Governor of Kano State ordered the police to arrest His Highness Aminu Ado Bayero, His Highness filed a suit for the enforcement of his fundamental rights to liberty and dignity. Justice Amobeda delivered a judgment finding merit in the case and awarded the sum of N10,000,000.00 in favor of His Highness Aminu Ado Bayero against the Kano State Government. This judgment remains valid and subsisting as the Court of Appeal made no pronouncement on Justice Amobeda’s judgment. The appeal is still pending.
On the other side of the divide, the judgment of the Court of Appeal in the sister appeal is clearly in favor of His Highness Aminu Ado Bayero and the other four Emirates of Bichi, Gaya, Rano, and Karaye. This is because the Kano State High Court had earlier declared their positions improper by virtue of the new Emirate Law of 2024 and directed the removal of His Highness Aminu Ado Bayero.
It is worthy of note that the suit before the High Court was instituted by the Kano State Government seeking the nullification of the emirship of His Highness Aminu Ado Bayero, which the High Court eventually granted to pave the way for the legitimacy of Alhaji Muhammad Sanusi II. The State High Court granted the prayers of the government. However, the judgment of the High Court has now been set aside in its entirety by the Court of Appeal, which ordered a retrial before another judge of the High Court.
The implications of this judgment of the Court of Appeal are that the continued occupation of the throne by His Highness Aminu Ado Bayero remains legitimate, while the purported attempted enthronement of Alhaji Muhammad Sanusi II remains questionable.
I extend my appreciation to the judiciary for upholding the principles of justice and fairness.
I strongly advise the Kano State Government to stop misleading itself and the public by claiming that the judgment of the Court of Appeal is in its favor.
Similarly, Alhaji Muhammad Sanusi II should be cautious about parading himself as the Emir of Kano because no court has affirmed his legitimacy as the incumbent Emir. He is, without doubt, the 14th Emir of Kano, and we shall continue to accord him that respect.
I call on the good people of Kano State to continue to support all the five Emirates of Kano, Bichi, Gaya, Rano, and Karaye.”
